Introduction to Premises Liability Law in California
Premises liability law is a legal area that deals with accidents and injuries that occur on someone else’s property. In California, premises liability law holds property owners and occupiers responsible for maintaining their properties in a reasonably safe condition and warning visitors of any potential hazards. This means that if you are injured on another person’s or entity’s property due to their negligence, you may be able to file a personal injury claim against them.
Duty of Care Owed by Property Owners/Occupiers
The duty of care owed by property owners/occupiers varies depending on the type of visitor on their property. In general, property owners/occupiers owe a duty of care to all visitors, including trespassers, licensees, and invitees. Trespassers are people who enter onto someone else’s property without permission, while licensees are social guests who have been invited onto the property. Invitees, on the other hand, are people who have been invited onto the property for business purposes, such as customers at a store.
Types of Visitors and Their Rights on a Property
Trespassers generally have limited rights on a property, but they still cannot be intentionally harmed by the owner/occupier. Licensees have more rights than trespassers and must be warned about known dangers on the property. However, they do not have the same level of protection as invitees, who are owed the highest degree of care. Invitees are entitled to expect that the property will be kept in a reasonably safe condition and that any dangerous conditions will be remediated or properly marked.
Common Examples of Premises Liability Cases
Some common examples of premises liability cases include slip-and-fall accidents, trip-and-fall accidents, dog bites, and swimming pool accidents. These types of incidents can result in serious injuries, such as broken bones, head trauma, and spinal cord damage.
Proving Fault in a Premises Liability Case
To prove fault in a premises liability case, you need to show that the property owner/occupier breached their duty of care and that this breach caused your injuries. This requires evidence that the defendant knew or should have known about the danger on their property and failed to take reasonable steps to address it. Additionally, you must establish that you were exercising reasonable care for your own safety when the incident occurred.
Recovering Damages for Injuries Sustained on Another’s Property
If successful, you may be able to recover damages for medical expenses, lost wages, pain and suffering, emotional distress, and other related losses. The amount of compensation you receive will depend on the severity of your injuries and the extent of the defendant’s negligence. It is essential to work with an experienced personal injury attorney who can help guide you through the process and ensure that you get the maximum recovery possible under the law.
